01-08-2007, 11:24 AM
The latest court decision on whether using trademarked names as keywords constitutes trademark infringement:
full article: http://blog.ericgoldman.org/archives/200...ds_and.htm
Quote:The keyword advertising legal roller-coaster continues. Last time I blogged on the matter in the Buying for the Home case, I indicated that plaintiffs and defendants traded wins in 2006. Consistent with the pattern, this time the defendant gets the win [see FN below]--although this time the win was based on (the lack of) likelihood of consumer confusion, not the use in commerce requirement as I predicted.
Even though this case didn't quite fit the pattern, this is a big win for advertisers. The court holds that, as a matter of law, the use of keyword-triggered ads and keyword metatags cannot confuse consumers if the resulting ads/search results don't display the plaintiff's trademarks...
full article: http://blog.ericgoldman.org/archives/200...ds_and.htm